Annan / KNDR Agreements – Gvt & ODM

The KNDR Information Center can be found at www.dialoguekenya.org

Information on the Kenya National Dialogue and Reconciliation (KNDR)  work and the different commissions can  be found on the site.

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RescueKenya would like debate and analysis on the four agreements signed by the Government and ODM.

Full Document Annan-kndr-1st-agreement-1feb08.pdf

Annan Agreements – 2nd Agreement signed 4 Feb 08

Annan Agreements – 3rd Agreement signed 14 Feb 08

Annan Agreements – 4th Agreement signed 28 Feb 08

Annan Agreements – 4th Agreement signed 28Feb 08 – with signatures

Post Annan Agreements

COMMISSION OF INQUIRY ON POST-ELECTION VIOLENCE – Agreement signed 4 March 08

Constitutional Review- Long Term Issues

Independent Review Committee – Agreement signed 4 March 08

Truth, Justice & Reconciliation Commission Establishment- Agreement signed 4 March 08

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Reports

Kreigler Report – Independent Review Commision– Dialogue Kenya Link

Waki Report – Commission of Inquiry into the Post Elections Violence (CIPEV)

–> CIPEV website — www.cipev.org

–> Waki Report – from Dialogue Kenya

or Scribed/ KenyaImagine

10 Comments

  1. CRITIQUE OF THE MANDATE OF COMMISSIONS ESTABLISHED BY THE KENYA NATIONAL DIALOGUE AND RECONCILIATION (KNDR)
    (Justin N. Kimani, Chege Muli and Moses Kirama)

    Three Commissions and one Committee were established towards achievement of the KNDRs goal of sustainable peace, stability and justice in Kenya. The following is a synoptic view of the commissions/committee’s mandates.

    1. INDEPENDENT REVIEW COMMITTEE (IREC)
    Mandate
    The mandate of the IREC is to investigate ALL ASPECTS OF THE 2007 PRESIDENTIAL ELECTIONS by carrying out key activities specified in the Terms of Reference (ToR)

    Inquiry Target Groups
    All relevant national authorities, and the public including access to all electoral materials.
    Composition
    Seven members – Chair – Internationally recognized eminent jurist
    Methodology – Through public hearings and private inquiries and research
    Timeline – 15th March, 2008 for six months and publicise report within 14
    days of submission to President and Panel of Eminent African Personalities (The Panel)
    Financing – Kenya Government and Trust Fund for National Dialogue
    and Reconciliation with logistic support by AU & UN

    2. COMMISSION OF INQUIRY ON POST ELECTION VIOLENCE
    Mandate:-
    i) To investigate the facts and surrounding circumstance related to acts of violence that followed the 2007 presidential elections,
    ii) Investigate the actions or omissions of state security agencies during the course of the violence, and
    iii) Recommend measures of legal, political or administrative nature including measures to bring justice to the persons responsible for criminal acts.

    Inquiry Target Groups
    Not specified by assured public inquiry

    Composition – Three impartial experienced and internationally respected jurists or experts in
    addressing communal conflict or ethnic violence selected by the panel in
    consultation with PNU/ODM and appointed by president.
    Timeline – 30 days after appointment of its members for 3 to 4 months.
    Financing – Kenya Government and the Trust Fund for National Dialogue and Reconciliation
    including support from donors and foundations with AU &UN logistical support.

    3. TRUTH, JUSTICE AND RECONCILIATION COMMISSION
    Mandate
    To inquire into Human Rights Violations and economic crimes committed by state groups, individuals, as they relate to historical land injustices, illegal land acquisition, grand corruption and other injustices all covering the period December 12th, 1963 to February, 2008, but as necessary look at antecedents to this date.

    Target Groups of Inquiry
    To receive in public or in private statements from victims, witnesses, communities, interest groups directly or indirectly involved in events, research, hearing and engage in activities determined to advance national and or community reconciliation.

    Composition – Seven members with gender balance comprising three international members to
    be selected by the Panel of Eminent African Personalities. They will be from
    a range of skills, backgrounds and professional expertise.
    Time Line – Within two years from date of the Act of Parliament creating the body.
    Financing – Mainly Government of Kenya, and possibly donor’s foundation and other
    independent sources

    4. CONSITUTIONAL REVIEW COMMISSION
    Mandate
    To deal with long term issues and solutions that may have constituted the underlying causes of the conflict and to deal with the constitutional reform.

    Target Group of Inquiry
    All the people of Kenya
    Finance – Not given
    Timeline – 12 months from initiation of parliament.

  2. 1. It is acknowledged that the Independent Review Committee’s work is urgent in order to address the public anxiety regarding the December 2007 disputed presidential elections and has therefore, to work separately from TJRC which will concentrate on the historical aspects of the intension. However the Commission of Inquiry on the Post Election Violence and the Independent Review Committee’s methodology and indeed all the other Commissions involve the same Kenyan public for inquiries. This will aggravate and infuriate the publics and therefore erode confidence and co-operation of the interviewees.

  3. 2. In addition the mandate of the commission of inquiry in the Post Election Violence tends to overlap with the mandate of the IREC which covers all aspects of the 2007 presidential elections as enumerated under key activities of IREC.

  4. 3. In view of the negative public attitude towards commissions and committee’s of inquiry it is prudent to consider harmonizing the two mandates into one the findings of which should report to the TJRC

  5. 4. Whatever number of commission there are, they should be seen to complement the crucial post conflict peace-building stage of Reconciliation. This Reconciliation process has already been seriously jeopardized by the intransigence of the principal’s attention whose has been perceived by the public to concentrate on the power sharing, to the disregard and therefore, neglect of the continued suffering of the IDPs, who are looking up to then for Reconciliation and Settlement. The conduct of these commissions and committee’s will affect the future of the Reconciliation Process, especially with regard to giving of evidence, offer of repentance and forgiveness, which are critical to the success and sustenance of Reconciliation and long term peace.

  6. 5. It is critical that the range of skills, backgrounds and professional expertise of members of the commission include educated and experienced peace-building professionals.

  7. 6. The commissioners themselves should undergo peace workshops and seminars to acquaint themselves with concepts of conflict transmission and experience in other parts of the world especially Africa. Deliberate and concerted effort must be made to the public to instill lost confidence and trust on commissions due to the action on the part of the government on the findings. In this connection, assurance should be given on respect for commission’s time lines and implementation of recommendations made.

  8. Amnesty International has a number of serious concerns about the Truth, Justice and Reconciliation Commission Bill of Kenya (the Bill), published on 9 May 2008 and due to be submitted for debate in Parliament.

    Please find the post on the address below:

    https://rescuekenya.wordpress.com/2008/05/27/ai-kenya-concerns-about-the-truth-justice-and-reconciliation-bill/

  9. KNCHR POSITION ON AMNESTY FOR ALLEGED PERPETRATORS OF POST-ELECTION VIOLENCE
    I. Introduction
    Recently, a debate in Kenya has raged regarding whether persons arrested in the wake of the post election violence should be prosecuted or granted amnesty. These persons comprise mainly youths from Rift Valley, Nyanza, Coast, Central and Nairobi Provinces who are alleged to have committed diverse offences between December 27th and February 28th. There are conflicting figures as to how many youths are being held and the offences they are alleged to have committed. According to a statement attributed to Agriculture Minister Ruto, around 12,000 youths are being held in police and prison custody following the violence. However, the police dispute this figure and claim that less than 1000 people are in custody.

    The full document can be found on :
    https://rescuekenya.wordpress.com/2008/06/06/knchr-position-on-amnesty-for-alleged-perpetrators-of-post-election-violence/#more-307


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